Citing a compelling public interest, Stokes and his supporters want the county to hire a private attorney to sue the college. He said commissioners have money in the budget and the authority to approve their request.

Irate over the state attorney general's recent decision not to review the college election, Stokes said Wednesday that he and other concerned citizens won't let the $15.8 million bond approval go unchallenged.

"There is going to be a lawsuit to void that election," Stokes promised.

Stokes accused Attorney General Mike McGrath and Secretary of State Bob Brown of failing to investigate the election because they want to run for governor. Stokes said they feared alienating education groups.

However, both McGrath and Brown maintain Montana law provides no means for them to reverse or uphold local school elections. McGrath said only the courts can judge the legality of elections.

Anyone wanting to protest the election must do so within 60 days of the Dec. 23 election. FVCC President Jane Karas has said voters approved the campus expansion in a legal election and the college intends to proceed with the bond sale.

"The meter's running and we know that," Stokes said.

He said he and supporters, having exhausted options for a state investigation, now want the county commissioners to hire an independent attorney to pursue a judicial review.

Stokes said the county attorney's office has a conflict of interest because last year, then-County Attorney Tom Esch endorsed the college's plan to make a second mailing of ballots and extend the election deadline.

He accused Esch of misconduct and called him a "co-conspirator" with the college.

Karas consulted with both the secretary of state's office and Esch when the college learned it had received a defective voter list from the county.

Esch and Karas jointly announced the decision to mail ballots to 15,000 voters dropped by county election officials without proper notice.

The remedy saved taxpayers $40,000 for a second election. College officials also feared a delay could mean FVCC might miss record-low interest rates on the bonds.

Defenders point out that excluded voters got an opportunity to participate in the bond decision while those who received ballots in the first mailing had more time to return their ballot.

Stokes doesn't buy those arguments. He said the law forbids sending ballots in two separate mailings.

He maintained that Esch should have told college officials to call off the election and start over.

"If election law doesn't matter, the whole country's in trouble," Stokes said.

The county placed the request on the commissioners' regular Wednesday agenda.

As a backup plan, Stokes asked listeners Wednesday to contribute money to hire an attorney if commissioners turn down their request for public dollars.

He said he gathered $10,000 so far in cash and pledges. Stokes called a decision to invalidate the election "a no-brainer," although he questioned the impartiality of local judges and jurors.

Stokes promised to return the money to contributors if the commissioners agree to hire the attorney.

If his group has to file the lawsuit, Stokes promised to refund contributors' money if the courts rule to void the election and assess damages.

Contacted Wednesday, Gary Hall, the newest county commissioner, said he had not heard about Stokes' request for county money, which has been promoted on Stokes' morning radio talk show.

"I don't listen to that show," Hall said, "although I know a lot of people do."

He said the attorney general made it clear that the radio station should pursue a civil action in the courts. Although commissioners asked for the attorney general's review before he took office, Hall said he would have signed their letter.

"I felt that there were just enough questions about the election that it needed to be looked into," he said.

Hall said he would have to talk to legal counsel before taking a position on Stokes' request.

Reporter Candace Chase may be reached at 758-4436 or by e-mail at cchase@dailyinterlake.com.